european hs law
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2B2: Developments2B2: Developments
in H&S Lawin H&S Law
Institutions of the EUInstitutions of the EU
Role of the EU in UK LawRole of the EU in UK Law
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Main Institutions
Council of Ministers
European Commission
European Parliament
European Court of Justice
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Council of Ministers
One member from each member state
Meet usually in Brussels Presidency rotates on 6-monthly basis
2 types of meeting
! "eneral Council meeting of #oreign ministers of each state$ and
! %pecial Council meeting of national ministers of sub&ect underdiscussion e'g' finance( transport etc'
Most important po)ers
! Ensure co-ordination of general economic policies of member states
! *a+e decisions and delegate implementing po)ers to commission
Principal decision ma+ing institution in EC
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European Commission Consists of 2, Commissioners - 2 from each larger member
states plus . each from others
Presidency is nominated for 2 years
/oting is by simple ma&ority
#unctions
! #ormulate and implement policy decisions
! Promote and represent interests of E0
! Implement E0 policy
! Institute proceedings before the ECJ for 1iolations of Community
obligation by member states or against any Community institution
considered to ha1e eceeded its po)ers
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European Parliament
Members 3MEPs4 elected for years from memberstates
626 seats distributed in proportion to population of
member states 305 has 74
8o go1ernment and opposition
Co-opeation po!e"uega1e EP more po)ers
Co-"e!isionprocedure 3Maastricht *reaty4 ma+es
EP a co-decision ma+er )ith the Council ofMinisters
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European Court of Justice
Based in 9uembourg Judges appointed from member states for term of 6 years(
)hich may be rene)ed
8o' of &udges is al)ays odd to pro1ide a ma&ority )hen 1oting
. Judges and : ;d1ocates-"eneral appointed from memberstates
;d1ocate "eneral
! "i1es impartial and measured legal opinion as to facts of a case before
&udge decides
! Judges do not ha1e to abide by opinion!
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European Court of Justice
Most cases deal )ith interpretation or application
of E0 legislation as it affects indi1idual rights
If an indi1idual person can sho) that the
member state is in breach of E0 la)( s=he can
bring the case before the ECJ
>o)e1er( the indi1idual cannot ma+e a direct
approach to the ECJ -the case must commence ina national court
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European Court of Justice
?here there is conflict bet)een E0 and national la)( E0 la)
ta+es precedence
ECJ has no &urisdiction in purely internal cases
If during the course of a case in a national court a point of E0
9a) is raised and disputed( the indi1idual may as+ the court to
refer the matter to the ECJ for interpretation 8ot an appeals procedure
@eAuests for rulings may be made by any court or tribunal but
must be made only by the final court of appeal if reAuested by
an indi1idual @uling of the ECJ is binding on referring court
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Instruments in EC 9a)
@egulations
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@egulation
;pply directly in member states
?here conflict arises )ith national la)(
regulation pre1ails
8o reAuirement to assimilate into national
la)
@arely used in practice
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Precedence
E0 legislation ta+es precedent o1er la)s of
all member states
*reaties and @egulations are directly
applicable in 05 )ithout further action
from British Parliament
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9egislati1e Procedures
Consultation
! Old procedure )as simple process! In1ol1ed proposal from Commission to Council )ho accepted or re&ected by
unanimous or DM/
! Parliament had little say
Co-operation Procedure
! Introduced by %ingle European ;ct of .:6! "a1e EP much greater influence in shaping legislation
! Council of Ministers still has final say and Parliament had no po)er of 1eto
Co-decision Procedure
! Introduced by Maastricht *reaty in .::
! ;rranged to achie1e consensus bet)een Council and Parliament
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9egislati1e Procedures
Dualified Ma&ority /oting 3DM/4
!Introduced to speed passing of legislation by
dispensing )ith need for unanimousagreement
!Each member state has proportion of a1ailable
1otes allocated according to relati1e siFe 305
has ., 1otes4
!62 3out of the 7 a1ailable4 is usually enough
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;rticles of *reaty of @ome
;rticle :
! Intended to remo1e barriers to trade= ensure unrestricted mo1ement
and sale
! >armonised product standards
! 0nanimous 1ote reAuired= no po)er of 1eto by EP
! Eample Machinery armonisation 3and impro1ement4 of )or+place hGs standards
! Co-operation procedure=DM/! Eample #rame)or+
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@ecent
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Pre1ious Eam Duestions
Identify 2 types of proceedings dealt )ith by the ECJ that could ha1erele1ance to the regulation of h(s and the en1ironment )ithin E0
member states' 3H mar+s4